Atlanta Workers’ Compensation Attorney

Georgia law sets forth the procedure that employers, insurance companies, and injured workers must follow after a workplace injury occurs. It is important to note that each claim is unique. In addition, worker’s comp law is complex and always subject to change. It is so critical to obtain the advice and counsel of a skilled Atlanta workers’ comp law firm near you who is experienced in handling claims from start to finish.

In general, if you are injured on the job, you should take the following steps:

1. Seek medical assistance as soon as possible.  Your health is the most important thing you should be concerned with, so, if you are injured on the job, seek medical attention as soon as possible. In the case of an emergency, you may seek medical treatment from any doctor. However, in non-emergency situations, you may have to seek treatment from a specific healthcare provider, depending on the insurance carrier’s requirements. It is important for you to follow the advice of your doctor.
2. Notify your employer about the accident and your injuries.  State law requires that in order to receive workers’ comp benefits, you, as an injured employee, must notify your employer as soon as possible following a workplace injury, and in no circumstances, later than 30 days following the accident/injury.
3. Upon notification of your injury, your employer will file a workers’ comp claim with its insurance carrier.  Once your employer is notified of the accident/injury, it must notify both its workers’ comp insurance carrier and Georgia’s State Board of Workers’ Compensation of the incident.
4. Once your employer files the claim, the insurance carrier will either accept or deny the claim.  If the insurance company accepts (i.e., approves) your claim, you will begin to receive workers’ comp benefits within a timeframe specified by Georgia law. If the insurance company denies your claim, it must provide you with detailed reasons as to why it was denied. If your claim is denied, you must act quickly to determine whether you wish to appeal the insurance company’s decision. An experienced workers’ comp attorney will help you evaluate your claim and provide guidance as to whether you should appeal the denial.
5. You can appeal the insurance company’s denial of your workers’ comp claim.  If the insurance company denies your claim and determines that you are not entitled to receive benefits, you may request a hearing before the State Board of Workers’ Compensation. The hearing is similar to a trial, but it is heard before an Administrative Law Judge (ALJ). The ALJ hears from both you and the insurance company, applies the relevant law, and then renders a written decision as to whether you are entitled to workers’ comp benefits. This hearing is very important to your claim and you can assume that an experienced attorney will represent the insurance company. It is important to be prepared, and you will certainly benefit from the experience of a reputable workers’ compensation attorney in your area.
6. If you “lose” at the ALJ hearing, you may appeal the decision to a Georgia court.  If the ALJ affirms the insurance company’s denial of your claim, you may be able to appeal the decision to the appropriate appeals court. This is a time-sensitive and complex procedure, and you may benefit greatly from an experienced employee compensation lawyer in Georgia.

Georgia’s workers’ comp system is considered “no fault,” meaning that specific benefits are offered to workers injured on the job, regardless of fault. Generally, benefits provided to employees fall into the following categories:

• Reimbursement for medical expenses.  The workers’ comp insurance carrier generally should pay for your medical expenses incurred as a result of your injuries, including hospital bills, office visits, and prescriptions, as well as certain rehabilitation services. Additionally, you may receive reimbursement for some or all of your travel expenses incurred as a result of your injuries, such as travel to and from healthcare providers. You are eligible to receive reimbursement for medical expenses for up to 400 weeks after you sustain your injury. In cases of catastrophic injuries, you may be eligible to receive medical expense reimbursements indefinitely.
• A percentage of lost wages.  Typically, during the time when an injured employee is out of work, he or she should receive two-thirds of his or her average weekly wage, but not more than $575.00 per week for an accident that happened on or after July 1, 2016. Your average weekly wage is calculated taking into account your total gross earnings before taxes and benefits for the 52-week period prior to the accident.

The dependents of an employee killed as a result of work-related injuries will receive two-thirds of the employee’s average weekly wage. Georgia law defines dependents as the employee’s surviving spouse, children, and dependent stepchildren. A spouse who does not have children may receive a limited benefit amount, unless and until he or she remarries or “cohabitates” in a marital-like relationship.

Please contact our offices today to speak with one of our knowledgeable Atlanta workers’ compensation lawyers. We are here to help you!